R 4344 RESOLUTION NO. 4344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING SLOPE EASEMENT
DEEDS FOR THE EL CAMINO REAL REHABILITATION
AND ENHANCEMENT PROJECT, PW 2008 -09
WHEREAS, the City Council approved the plans and specifications for the El Camino
Real Rehabilitation and Enhancement project, PW 2008 -09; and
WHEREAS, the proposed retaining wall on the south side of the El Camino roadway
directly east of the Oak Park Boulevard intersection requires the installation of soil nails
that will protrude beyond the right -of -way into the hillside on the adjacent properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande does hereby accept the offers of slope easements attached in Exhibit "A ":
On motion of Council Member Costello, seconded by Council Member Brown, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 8 day of March 2011.
RESOLUTION NO. y34g r
PAGE 2
TONY FER AYOR
ATTEST:
4L
KELLY ET i) RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
ArN
TIM HY J. CAARMEL, CITY ATTORNEY
EXHIBIT A
RECORDING REQUESTED BY:
City of Arroyo Grande
Public Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN TO:
City of Arroyo Grande
A.P. No. [ 077 -041 -004 ] SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Govemment Code § 6103
No Documentary Transfer Tax per Revenue & Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MARIO VILLANUEVA and TRISHA S. VILLANUEVA, husband and wife
hereinafter referred to as "GRANTOR"
do hereby GRANT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of California,
hereinafter referred to as "CITY":
WITNESSETH:
That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged,
does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope
easement for the present and future construction, reconstruction, operation, repair and maintenance of a
public road and appurtenances, and for such excavation and embankment slopes for the lateral and
subjacent support of the road, roadbed and appurtenances, including said anchor supports for retaining
wall, in such number and size, and with such accessory parts and structures, including soil nails, as
CITY, or its successors in interest, from time to time, deem necessary to install over, upon, under and
across that certain real property situated in the City of Arroyo Grande, County of San Luis Obispo, State
of California, described as follows:
see attached legal description Exhibit "A" and map as Exhibit `B ",
each attached hereto and made a part hereof
Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the necessary
rights of entry to and from the hereinabove described property for construction, reconstruction,
• operations, repair, or maintenance.
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the
heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all
covenants shall apply to and run with the above described property.
GRANTOR:
Date: By:
MARIO VILLANUEVA
Date: By:
TRISHA S. VILLANUEVA
Exhibit A
Legal Description
The northerly 15 feet of that property described as Parcel 1 in a Grant Deed
to Mario Villanueva and Trisha S. Villanueva, recorded December 28, 2001
as Document No. 2001101144 of Official Records in the San Luis Obispo
County Recorder's Office, City of Arroyo Grande, County of San Luis Obispo,
State of California.
The above described strip of land is graphically shown on the attached Exhibit
"B" shown hereon and made a part hereof.
End of Legal Description
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7/24/09
Joseph T. Morris PLS 6192 Date �° �s
License Expiration Date: 8/30/2010 No. 6192
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Villanueva's Property.doc 9 ��Q
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CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, or interest therein, described in the foregoing Slope
Easement Deed dated , 20 Mario Villanueva and Trisha S.
Villanueva, Grantor therein, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this day of , 200_.
CITY OF ARROYO GRANDE
By:
Name:
Title:
ATTEST:
RECORDING REQUESTED BY:
City of Arroyo Grande
Public Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN TO:
City of Arroyo Grande
A.P. No. [ 077 -041 -002 ] SPACE ABOVE THIS LINE FOR RECORDERS USE
No recording fee per Government Code § 6103
No Documentary Transfer Tax per Revenue & Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
GERRIT B. BERG and KIMBERLY BERG, husband and wife
hereinafter referred to as "GRANTOR"
do hereby GRANT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of California,
hereinafter referred to as "CITY ":
WITNESSETH:
That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged,
does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope
easement for the installation of anchor supports for present and future construction, reconstruction,
operation, repair and maintenance of a public road and appurtenances, and for such excavation and
embankment slopes for the lateral and subjacent support of the road, roadbed and appurtenances,
including said anchor supports for retaining wall, in such number and size, and with such accessory parts
and structures, including soil nails, as CITY, or its successors in interest, from time to time, deem
necessary to install over, upon, under and across that certain real property situated in the City of Arroyo
Grande, County of San Luis Obispo, State of California, described as follows:
see attached legal description Exhibit "A" and map as Exhibit "B ",
each attached hereto and made a part hereof
Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the
necessary rights of entry to and from the hereinabove described property for construction, reconstruction,
operations, repair, or maintenance.
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto, and all covenants shall apply to and run with the above described property.
GRANTOR:
Date: By:
GERRIT B. BERG
Date: By:
KIMBERLY BERG
Exhibit A
Legal Description
The northerly 15 feet of that property described as Parcel 2 in a Grant Deed
to Gerrit B. Berg and Kimberly Berg, recorded April 19, 2006 as Document
No. 2006027019 of Official Records in the San Luis Obispo County
Recorder's Office, City of Arroyo Grande, County of San Luis Obispo, State of
California.
The above described strip of land is graphically shown on the attached Exhibit
"6" shown hereon and made a part hereof.
End of Legal Description
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Joseph T. Moms PLS 6192 Date ~ o � A`
License Expiration Date: 8/30/2010 No 6192
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Berg's Property �
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PARCEL 2
DOC. NO. 2006-027019
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.a cLARwl COURT SKETCH OF LEGAL DESCRIPTION DRAWING:LEGAL •
SAN LUIS OBISPO. CA 0101 PARCEL 2 DOC. N0. :2006.027019 DRAWN BY. MM
F: s 54442III CITY OF ARROYO GRANDE DATE: 7 /2009
WALLACE GW iUP "' COUNTY OF LUIS OBISPO, CA SHEET: 1 OF 1
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, or interest therein, described in the foregoing Slope
Easement Deed dated , 200_, from Gerrit B. Berg and Kimberly
Berg, Grantor therein, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this _ day of , 200_.
CITY OF ARROYO GRANDE
By:
Name:
Title:
ATTEST:
RECORDING REQUESTED BY:
City of Arroyo Grande
Public Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN TO:
City of Arroyo Grande
A.P. No. [077- 041 -038] SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Government Code § 6103
No Documentary Transfer Tax per Revenue & Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KATHERINE ANNE DE VINCENZO, JOHN PETER DE VINCENZO, CRAIG M.
McDONALD, as Trustee and MARY A. McDONALD, as Trustee of the McDonald Family
Trust, and LARRY VERNON SMITH and LINDA MARIE SMITH, as Trustees of the
Larry Vernon Smith and Linda Marie Smith Living Trust,
hereinafter referred to as "GRANTOR"
do(es) hereby GRANT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of California,
hereinafter referred to as "CITY ":
WITNESSETH:
That Grantor, for a valuable consideration, receipt of which is hereby acknowledged, does hereby
grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope easement for the
present and future construction, reconstruction, operation, repair and maintenance of a public road and
appurtenances, and for such excavation and embankment slopes for the lateral and subjacent support of
the road, roadbed and appurtenances, in such number and size, and with such accessory parts and
structures, including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to
install over, upon, under and across that certain real property situated in the City of Arroyo Grande,
County of San Luis Obispo, State of California, described as follows:
see attached legal description Exhibit "A" and map as Exhibit "B ",
each attached hereto and made a part hereof
Additionally, Grantor does hereby further grant to CITY, its successors and assigns, the necessary rights
of entry to and from the hereinabove described property for construction, reconstruction, operations,
repair, or maintenance.
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the
heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all
covenants shall apply to and run with the above described property.
GRANTOR:
Date: By:
Katherine Anne DeVincenzo
Date: By:
John Peter DeVincenzo
Date: By:
Craig M. McDonald, as Trustee
Date: By:
Mary A. McDonald, as Trustee
Date: By:
Larry Vernon Smith, as Trustee
Date: By:
Linda Marie Smith, as Trustee
-2-
mcd.ag.deed
Exhibit A
Legal Description
The northerly 15 feet of the westerly 5 feet of Parcel 1 of Parcel Map No. AG-
81-52 in the City of Arroyo Grande, County of San Luis Obispo, State of
California according to the map filed July 27, 1983 in Book 33, Page 88 of
Parcel Maps in the office of the County Recorder of said County. also being
described in a Trust Transfer Deed to Craig M. McDonald and Mary A.
McDonald, recorded August 11, 2000 as Document No. 2000 - 045524 of
Official Records in the said County Recorder's Office.
The above described strip of land is graphically shown on the attached Exhibit
'B° shown hereon and made a part hereof.
End of Legal Description
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Joseph T. Morris PLS 6192 Date >° �s
License Expiration Date: 8/30/2010 No. 6192
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PARCEL 1 PM AG 81 -52
DOC. NO. 2000-045524
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MCDONALD, C.
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1 INCH = 30 FEET
EXHIBIT B JOB NO: 232 -5626
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•" "u PARCEL 1 DOC. NO: 2000-045524 DRAWN BY: MM
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Fwswuaw CITY OF ARROYO GRANDE DATE :7/2009
WALLACE atom ...u.11.=.oawus COUNTY OF LUIS OBISPO, CA SHEET: 1 OF 1
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, or interest therein, described in the foregoing Slope
Easement Deed dated , 20_, from _Katherine Anne DeVincenzo,
John Peter DeVincenzo, Craig M. McDonald, as Trustee, Mary A. McDonald, as Trustee, Larry.
Vernon Smith as Trustee, and Linda Marie Smith, as Trustee, Grantor therein, and consents to
the recordation thereof.
In Witness Whereof, I have hereunto set my hand this _ day of , 200_.
CITY OF ARROYO GRANDE
By:
Name:
Title:
ATTEST:
RECORDING REQUESTED BY:
City of Arroyo Grande
Public Works Department
208 East Branch Street
Arroyo Grande, CA 93420
WHEN RECORDED RETURN TO:
City of Arroyo Grande
A.P. No. [ 077 -011 -011 ] SPACE ABOVE THIS LINE FOR RECORDER'S USE
No recording fee per Government Code § 6103
No Documentary Transfer Tax per Revenue & Taxation Code § 11922
SLOPE EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DONALD RAYMOND DECHANCE and DIXIE RUTH DECHANCE,
as Trustees of the Donald and Dixie Dechance Living Trust,
hereinafter referred to as "GRANTOR"
do hereby GRANT to the
CITY OF ARROYO GRANDE, a municipal corporation in the State of California,
hereinafter referred to as "CITY"
WITNESSETH:
That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged,
does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope
easement for the present and future construction, reconstruction, operation, repair and maintenance of a
public road and appurtenances, and for such excavation and embankment slopes for the lateral and
subjacent support of the road, roadbed and appurtenances, and with such accessory parts and structures,
including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to install
over, upon, under and across that certain real property situated in the City of Arroyo Grande, County of
San Luis Obispo, State of California, described as follows:
see attached legal description Exhibit "A" and map as Exhibit `B ",
each attached hereto and made a part hereof
Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the
necessary rights of entry to and from the hereinabove described property for construction, reconstruction,
operations, repair, or maintenance.
The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto, and all covenants shall apply to and run with the above described property.
GRANTOR:
DECHANCE LIVING TRUST
Date: By:
DONALD RAYMOND DECHANCE, as Trustee
By:
DIXIE RUTH DECHANCE, as Trustee
Exhibit A
Legal Description
A portion of that property described in a Grant Deed to the Dechance Living
Trust dated 5/28/91, recorded December 7, 2001 as Document No.
2001094909 of Official Records in the San Luis Obispo County Recorder's
Office, City of Arroyo Grande, County of San Luis Obispo, State of California,
said portion being more particularly described as follows:
Being bounded on the north by the northerly line of said property;
Being bounded on the east by the easterly line of said property;
Being bounded on the south by a line lying 15 feet southerly and concentric to
said northerly line;
Being bounded on the west by a line lying radial to and westerly 69 feet along
said northerly line from the northeasterly corner of said property.
The above described strip of land is graphically shown on the attached Exhibit
"B" shown hereon and made a part hereof.
End of Legal Description
� SAND s
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Joseph T. Morris PLS 6192 Date
License Expiration Date: 8/30/2010 No. 6192
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Dechance's Property.doc
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EL CAMINO REAL
SEE DETAIL
6 9.00'
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DOC. NO. 2001- 094909 / -- I
APN 077 - 011 -011
DECHANCE, D.
PARCEL 2 AG -AL 97 -057 I
DOC. NO. 1997 - 021908 I
81 /LS /90
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0 25 50 100
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1 INCH = 50 FEET
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DETAIL
SCALE 1 " =5'
EXHIBIT B JOB NO.: 232 -5626
MP 613ClARION COURT SKETCH OF LEGAL DESCRIPTION DRAWING:LEGAL
SAN LUIS OBISPO, CA 9301 PARCEL 2 AG -AL 97 -057 DRAWN BY: MM
T 805 544-4011
R 8055444194 CITY OF ARROYO GRANDE DATE :7 /2009
WALLACE GROUP
COUNTY OF LUIS OBISPO, CA SHEET: 1 OF 1
CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781
This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts
for public purposes the real property, or interest therein, described in the foregoing Slope
Easement Deed dated , 20_, from Donald Raymond Dechance, as
Trustee, Grantor therein, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this day of , 200_.
CITY OF ARROYO GRANDE
By:
Name:
Title:
ATTEST:
r
r
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 4344 is a true, full, and correct copy of said Resolution passed
and adopted at a regular meeting of the City Council /Redevelopment Agency of
the City of Arroyo Grande on the 8 day of March 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10
day of March 2011.
KELLY Ery ORE, CITY CLERK